Foreign/Mixed Marriage

      Foreign/Mixed Marriage refers to a marriage contracted between a local (Filipino) and a Foreign national.   This phenomenon has been more widely accepted in the Philippines.

       
     But it is heartbreaking to note that some Filipina women desperately seek a foreign marriage as a means to improve their lives and rise out of poverty.        I hope they grasp what Dr. Jose Rizal said that “Edukasyon ang sagot sa kahirapan” (Education is the answer to overcome poverty) and his Letter to Blumentritt (24 December 1886), “Is it not sad, I said to my countrymen, that we have to learn from a foreigner about ourselves?”

    There are, however, Filipinos who are merely enchanted with Caucasian look and eventually fall in love with that White monkey. (ooppss sorrry :)  Heck,  I get mesmerized  with their pointed nose, brown hair, white skin, and brown, blue or green eyes!

      Foreigners should, however, be aware of our laws, particularly “Anti-Trafficking in Persons Act of 2003 -  R.A. No. 9208" that punishes a person who offers or contracts marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage.

  
        With respect to our family law, the capacity of the foreigner to get married in the Philippines is governed by his national law, a foreign law.                    Thus, he is required to secure a Certificate of Legal Capacity to contract marriage from his embassy in the Philippines in applying for a marriage license.

        If a foreign marriage (all marriages actually) is solemnized abroad in accordance with the formal requirements of the country where celebrated, it shall also be valid in the Philippines pursuant to the rule of lex loci celebrationis.

EXCEPT:

1. Either or both the parties did not have the legal capacity;
 
2. The marriage is bigamous or polygamous;
 
3. Consent of either or both parties is lacking;
 
4. One the parties is psychologically incapacitated;
 
5. Incestuous marriage; or
 
6. Void by reason of public policy.

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